- 1 - NC: 2025:KHC:6597 WP No. 35925 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35925 OF 2024 (GM-CPC) BETWEEN: M/S SARAVANA ALLOY STEELS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT Nos. 21/D AND 22 INDUSTRIAL SUBURB II STAGE, YESHWANTHPUR TUMKUR ROAD BANGALORE - 560022 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR N SANJAY KUMAR. …PETITIONER (BY SRI. SURAJ SAMPATH.,ADVOCATE) AND: M/S SHRI MEENAKSHI STEEL AND CEMENT SUPPLIERS HAVING ITS REGISTERED OFFICE AT NO. 1795, 60FT ROAD 15TH CROSS, AECS LAYOUT ’A’ BLOCK, SINGASANDRA POST HOSUR POST,BANGALORE - 560068 REPRESENTED BY ITS PROPRIETOR MR PRAMOD GOEL, PROPRIETORSHIP CONCERNED Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6597 WP No. 35925 of 2024 S/O MR SATYANARAYANA GOEL AGED ABOUT 43 YEARS. …RESPONDENT (BY SMT. ANKITA PATIL, ADVOCATE FOR SRI. VARDHAMAN V GUNJAL.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT TO SET ASIDE THE IMPUGNED ORDER DATED: 20.12.2024 PASSED BY THE HONBLE VII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-19) IN EX. NO. 615/2024 VIDE (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the judgment debtor under Article 227 of the Constitution of India, challenging the order, dated 20.12.2024 passed by the VII Additional City Civil and Sessions Judge, Bengaluru (SCCH-19) in Ex.No.615/2024, whereby the petitioner’s request for furnishing the copy of the execution petition has been refused and attachment warrant for movables has been issued. - 3 - NC: 2025:KHC:6597 WP No. 35925 of 2024 2. The respondent/decree holder filed a suit for recovery of money in O.S.No.5902/2016. The suit came to be decreed on 25.09.2019 for recovery of a sum of Rs.6,22,073/- with 18% interest p.a. After a lapse of five years, the execution petition has been filed in Ex.No.615/2024. After receiving summons, the judgment debtor appeared before the court and requested for furnishing a copy of the execution petition. The request has been rejected and the Executing Court issued attachment warrant. 3. The learned counsel for the petitioner/judgment debtor submits that the execution petition has been filed five years after the decree. As per Order XXI Rule 22 of CPC - Karnataka State Amendment, a show cause notice must be issued by the court before proceeding with the execution of a decree if an application for execution is filed more than two years after the date of the decree. Since he has only received the summons and the execution - 4 - NC: 2025:KHC:6597 WP No. 35925 of 2024 petition copy is not furnished, he was not in a position to file any objections. 4. The learned counsel for the respondent/decree holder submits that the decree passed by the trial court has attained finality. After receiving the summons, he has appeared on 29.06.2024. Till 20.12.2024, he has not demanded the copy of the execution petition. Just to drag the matter, the judgment debtor has filed this writ petition. 5. Be that as it may. Since the judgment debtor has to file objections to the execution petition, he requires to be served with a copy of the execution petition. Under the circumstances, the impugned order requires to be set aside. 6. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 20.12.2024 passed in Ex.P.No.615/2024 by the VII Additional City - 5 - NC: 2025:KHC:6597 WP No. 35925 of 2024 Civil and Sessions Judge, Bengaluru is set aside. (iii) The decree holder is directed to furnish the execution petition copy along with all the documents. (iv) If the judgment debtor has any objection to the execution petition, he has to file the same by the end of February 2025. (v) The executing court is directed to proceed with the matter, after filing of the objections, in accordance with law and dispose of the execution petition, by the end of May 2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 57